This afternoon, the U.S. Department of State (DOS) released the February 2016 Visa Bulletin. Once again, there is no change in the dates for filing (DF) chart for the employment-based categories. But, there is some forward movement in the final action (FA) chart.For India, the employment-based,...
The U.S. Department of Homeland Security (DHS) issued a proposed rule, on December 30, 2015, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers." Included in the proposed rule is the long-awaited provision for the ability to obtain an...
Answer It is typically best to try to stay on H1B, but this is not a one-dimensional issue. There can be risks in applying for H1B visas, and situations where it is less risky to use the AP for travel because of visa concerns. (04.Jan.2016)In frequent...
Answer The complete pros and cons should be discussed in a consultation. But, other than the obvious priority date issues, we look at job stability - is one job far more stable than the other? Each spouse's GC case still acts as a backup for the...
This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:Once an...
Each month, the U.S. Department of State (DOS) explains key aspects of the visa bulletin contents through Charles Oppenheim, Chief of the Visa Control and Reporting Division. The January 2016 Visa Bulletin information discusses the expectations for the employment-based, second preference (EB2) India category as...
A draft version of a revised form I-765, application for employment authorization has been released, and the corresponding instructions appear to reveal the eligibility criteria for the proposed I-140 employment document authorization (EAD) rule. Unfortunately, it appears that the proposed rule will be more restrictive than hoped....
On December 22, 2015, the Office of Management and Budget (OMB) concluded its review of a rule proposed by the U.S. Department of Homeland Security (DHS) that would "allow certain approved immigrant petition for alien worker (form I-140) beneficiaries to obtain work authorization…" The rule...
Answer Even if the H1B extension was based upon the pending I-140, the denial does not disrupt the existing H1B status. This assumes there was no fraud finding against the individual in the denial. Of course, the concern with respect to the H1B is finding a...
Answer Generally speaking, a person is charged against his country of birth, not country of citizenship. Unless you are married to someone who was born in a country other than India, you likely will have to use India as your country of chargeability. (21.Dec.2015)In frequent sessions...
